CHENNAI, Nov 17: The Bharatiya Janata Party has termed Union Finance Minister and Tamil Maanila Congress (TMC) leader P Chidambaram's stance that the oral evidence of a fact can be direct and can be given only by a person who has seen the fact or heard the fact as ``incorrect''.

In a statement on Sunday night, BJP State vice president V Maitreyan said having gone to the witness box before Jain and then to say that he could not invent oral evidence just to please anyone ``looks sarcastic and foolish.''

The BJP leader said, even while speaking in Parliament on the issue in 1991, Chidambaram perceived it and formed an opinion on the facts supplied to him and made that speech in Parliament. To say that he was governed by the privilage under Section 105 of the Constitution of India cannot be taken as the basis. ``He is totally incorrect and it is unfortunate coming from a person who has been in Parliament for quite sometime.'' Maitreyan said unless and if the facts or the information given to Chidambaram were responsible for him to perceive and form an opinion, he could not have made references in Parliament subject to regulations of Parliamentary bodies.

The only difference between a Parliamentary body and a judicial commission was that members could be interrupted and adverse remarks made against them in Parliament, while before a judicial commission, it can't be done.

The statement said witnesses before the commission can be cross-examined by any interested person but there can be no cross-examination of the MP while making the speech.

Parliamentary bodies and judicial commissions are co-related and in such circumstances evidence of speech made in them can be taken as evidence in other bodies.

Maitreyan said under Section 60 of the Evidence Act, the oral evidence must, in all cases whatever, be direct.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.